Birkenstockexpress.com Terms of Service

Welcome to Birkenstockexpress.com (the "Site"). The following terms and conditions of use apply to your use of the Site and by visiting or shopping at Birkenstockexpress.com, you accept these conditions:

Ownership of Site. This Site is owned and operated by Footwise, Inc, dba Birkenstockexpress.com. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Birkenstockexpress.com or its suppliers and protected by U.S. and international copyright laws. All elements of the Site, including, but not limited to the general design, collection, arrangement and assembly of all content is the exclusive property of Birkenstockexpress.com and is protected by U.S. and international copyright laws. All software used on this Site is to be used only as provided in these Terms of Use. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content of this Site is strictly prohibited.

Disclaimer. This Site and its contents are provided “as is” and Birkenstockexpress.com excludes, to the fullest extent permitted by applicable laws, any warranty, express or implied, including, but not limited to any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. Birkenstockexpress.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages or injury. Your use of this site is not warranted to be uninterrupted or without error. User, not Birkenstockexpress.com, assumes the entire cost of all necessary servicing, repair or correction due to their use of this site.

Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Birkenstockexpress.com nor its owners, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including all communications and transmissions, including financial obligations, incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach of this Site’s security.

Product Information. In the event a product is listed at an incorrect price, or with incorrect information, Birkenstockexpress.com shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Birkenstockexpress.com shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled, Birkenstockexpress.com shall issue a credit to your credit card in the amount of the charge. Although Birkenstockexpress.com attempts to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Your use of the site is at your own risk.

Birkenstockexpress.com is a trademark and service mark of Birkenstockexpress.com. All graphics, icons, logos and service names are registered trademarks or service marks of Birkenstockexpress.com or their respective owners.

Copyright Complaints. Birkenstockexpress.com respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please notify us.

Risk of Loss. All items purchased from Birkenstockexpress.com are made pursuant to shipment contract. This means that the risk of loss entitled for such items passed to you upon our delivery to the carrier.

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Birkenstockexpress.com is not responsible for the operation of or the content on any such site.

Reviews and Comments. Except as provided elsewhere in this agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, techniques, questions, reviews, comments and suggestions, will be treated as nonconfidential and nonproprietary, and we shall have the right to use, distribute, display, publish, sell, transmit and adapt such submissions.

In addition, you also grant us the right to use the name that you submit with any review, comment or other submission. We may, but shall not be obligated to, remove or edit any submissions for any reason.

Governing Law and Venue. This Site is created and controlled by us in the State of Oregon, USA. As such, the laws of the State of Oregon will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.

No action of Birkenstockexpress.com other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these terms and conditions. Should any clause of these terms and conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to make changes to our Site and these Terms of Use at any time without notice. These conditions set out the entire agreement between Birkenstockexpress.com and you relating to your use of this Site.